CHAPTER THREE:The Cost of Clean Air and Water

EXCERPT FROM PAGE 141

“The Clean Air Actand the Clean Water Act have been among the most important environmental and public health laws enacted in American history. But that outcome was not guaranteed. At key moments, such as at the start of the Reagan administration, during the Contract with America, and during George W. Bush’s administration, it seemed the strength and scope of the laws would be rolled back amid the Republican reversal championed by economic interests and the public interest right.”

Primary Sources ​

1970

Source: Ernst Halberstadt (EPA DOCUMERICA Project, NARA)

President Nixon Remarks on the Clean Air Act|PDFNearly a month after President Nixon created the EPA, he signed the Clean Air Act amendments of 1970 into law, placing additional regulations on air quality, polluting industries, and vehicle emissions. This legislation helped improve public health throughout the following decades.

“...A GOAL OF CLEAN AIR, CLEAN WATER, AND OPEN SPACES FOR THE FUTURE GENERATIONS OF AMERICA” - NIXON

1972

Source: NARA

President NixonVetoStatementontheClean Water Act|PDF|The New York Times coverage of the vetoIn 1970, 70 percent of industrial waste received no treatment before being dumped into waterways. In response, Congress proposed legislation referred to as the Clean Water Act to help improve the nation’s water quality. Despite strong bipartisan support, President Nixon claimed the $24 billion price tag was too expensive and would place an undue burden on industries. In the attached document, Nixon announces his decision to veto the bill. ​Congress acted quickly to overturn the veto.

1981

Source: EPA

Anne Gorsuch’s Testimony at Confirmation Hearing President Reagan tapped Anne Gorsuch, a young lawyer from Denver, to be his first EPA administrator. Gorsuch, who had little experience in environmental regulations, saw the EPA as an opportunity to further Reagan’s anti-regulatory agenda. Her testimony shed light on her priorities as the future head of the EPA. ​

1986

Fred Krupp op-ed on the Environmental Movement, published in The Wall Street JournalAs director of the Environmental Defense Fund in 1986, Fred Krupp published an op-ed describing various stages in the environmental movement. With debates around acid rain dominating environmental debate, Krupp pushed for a “third stage” in environmental activism that championed market-oriented incentives to achieve cost-effective environmental protections.

1988

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Project 88​In light of Krupp’s The Wall Street Journal article, two senators, John Heinz of Pennsylvania and Timothy Wirth of Colorado, created “Project 88” in hopes of finding market-based solutions to environmental challenges. While the project fell on deaf ears in the Reagan administration, President George H. W. Bush was quick to pursue market incentives when he proposed amendments to the Clean Air Act in 1990. Project 88 served as a blueprint for the Bush administration’s environmental agenda.

2003

Source: EPA

EPA administrator Christine Todd Whitman on the Clear Skies Act| PDF​When George W. Bush took office, he appointed the governor of New Jersey, Christine Todd Whitman, to head the EPA. Whitman had a strong record on environmental policy as governor and brought that enthusiasm to her new role as EPA administrator. President Bush was eager to overhaul the Clean Air Act and simplify many of its provisions with a new market-based proposal called the Clear Skies Act. In testimony and interviews with Whitman, she defended the administration’s decision to pursue the Clear Skies Act.

“CLEAR SKIES WOULD MAKE GREAT STRIDES TOWARDS SOLVING OUR REMAINING AIR QUALITY PROBLEMS IN A WAY THAT ALSO ADVANCES NATIONAL ENERGY SECURITY AND PROMOTES ECONOMIC GROWTH”​- WHITMAN

2015

Source: Pete Souza (White House)

President Obama EPA Press Release Announcing the Final WOTUS Rule| PDF| Clean Water Rule​To clarify the scope of federal involvement in water protection, the Obama administration revised a rule defining waterways that fell under U.S. jurisdiction. The Clean Water Act of 1972 provided initial guidelines that had become confusing due to conflicting policies and court rulings. In 2015, the EPA and the United States Army Corps of Engineers solidified an administrative rule that became known as the Waters of the United States (WOTUS). ​

2017

EPA Administrator Scott Pruitt Speaking to American Farm Bureau about WOTUS Repeal [video]​President Trump signed an executive order to rewrite the Waters of the United States rule in February 2017. In doing so, Trump ignored the scientific analysis underlying the 2015 rule, in favor of industry support. Following the announcement, EPA administrator Scott Pruitt, championed the decision before an advocacy meeting of the American Farm Bureau Federation. ​

Discussion Questions

On the campaign trail, Ronald Reagan promised relief from burdensome environmental regulations, such as the Clean Air Act and Clean Water Act. To what extent did his administration deliver on that promise? What were the lasting consequences of those efforts? How did environmental groups mobilize in opposition?

Why was a “command-and-control” approach to environmental policy important to the success of laws such as the Clean Air Act and Clean Water Act? Why did conservatives come to oppose that approach?

How did the Chevron doctrine strengthen the role of federal agencies, such as the Environmental Protection Agency, in implementing regulatory policy?

Why was enacting regulations to curb acid rain more challenging than passing the Clean Air Act of 1970? Why did a market-based “cap and trade” strategy succeed in breaking the political logjam? Did that strategy work as expected?

Why didn’t a cap-and-trade approach to reforming the Clean Air Act succeed under George W. Bush, when that approach had been so important to George H. W. Bush’s environmental legacy?

What role have moderate Republicans had in protecting the Clean Water Act? How has that differed from the Trump administration’s approach to the Clean Water Act?

Why has it been more challenging to regulate point-source versus non-point source water pollution under the Clean Water Act? How have questions about what constitutes “navigable waters” complicated those efforts?

If the Clean Air Act and Clean Water Act have improved environmental quality since the 1970’s, why have issues of environmental justice become more acute?